Delhi Court Convicts 3 Men For Outraging Modesty Of Lady bouncer, Says Mere Lackadaisical Investigation Cannot Affect Prosecution Case

A Delhi Court has convicted three men for outraging the modesty of a lady bouncer in a 2016 case after observing that mere defective or lackadaisical investigation cannot be the sole ground to throw away the prosecution's case. 

Principal District & Sessions Judge of Tis Hazari Courts, Dharmesh Sharma also observed that the prosecution was able to prove that the three came armed with baseball bats, swords, iron pipes and injured other victims persons thereby committing an offence punishable under sec. 452 read with sec. 34 of IPC. 

"As the nature of injuries inflicted upon the victims / injured persons was by all means 'simple' in nature, the offence under Section 323 IPC was also committed by the accused persons in furtherance of their common intention and in the process or same transaction PW-1 was also molested as not only accused Gautam Gambhir and Nitin Nayyar @ Sunny fiddled with her breast and attempted to kiss her but also hit her on her private part. It was a clear case of outraging modesty of a woman punishable under Section 354 IPC," it added. 

Know The Prosecution's Case

According to the prosecution, some police personnel had reached a Club in West Gate Mall where it was revealed that some injured persons were taken to Guru Govind Singh Hospital and that the assailants had fled away from the spot. 

It was also alleged that the complainant stated that she was hiding due to fear and her statement was recorded with regards to the alleged quarrel at the club. 

Woman's Testimony Of 'Sterling Quality'

Analyzing the statements of witnesses including the woman, the Court opined thus:

"It is highly probable that the shock and horror of the brazen manner in which she was molested and assaulted by the accused persons was heavily bearing on the mind of PW-1 but ultimately truth prevailed and her testimony is of "sterling quality".

The Court further said that merely because she did not initially support the prosecution case with regards to the identity of the accused persons as the real offenders would not wash away the entire testimony in terms of sec. 145 of Indian Evidence Act. 

".... the prime objective of the criminal justice delivery system is to accord justice to all the stakehodlers-the accused, the complainant/victim, the society as well as the prosecution. Integral to such objective to conduct a fair trial to the accused and a fair chance to prove the case to the prosecution," the Court added. 

With the said observations, the Court held the three men guilty and convicted for committing offences under sec. 452, 323 and 354 read with sec. 34 of the Indian Penal Code.

Click Here To Read Order